74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2418
House Bill 3328
Sponsored by Representative GELSER; Representatives BARKER,
BARNHART, CAMERON, CANNON, D EDWARDS, FLORES, HUNT, KOTEK,
KRIEGER, MERKLEY, OLSON, READ, ROBLAN, TOMEI
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies procedures involved in child abuse investigations.
A BILL FOR AN ACT
Relating to child abuse investigations; creating new provisions;
and amending ORS 418.747 and 418.785.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 3 to 6 of this 2007 Act may be known
and shall be cited as 'Karly's Law.' + }
SECTION 2. ORS 418.747 is amended to read:
418.747. (1) The district attorney in each county shall be
responsible for developing county multidisciplinary child abuse
teams to consist of but not be limited to law enforcement
personnel, Department of Human Services child protective service
workers, school officials, county health department personnel,
county mental health department personnel who have experience
with children and family mental health issues, child abuse
intervention center workers, if available, and juvenile
department representatives, as well as others specially trained
in child abuse, child sexual abuse and rape of children
investigation.
(2) The teams shall develop a written protocol for immediate
investigation of and notification procedures for child abuse
cases and for interviewing child abuse victims. Each team also
shall develop written agreements signed by member agencies that
are represented on the team that specify:
(a) The role of each agency;
(b) Procedures to be followed to assess risks to the child;
(c) Guidelines for timely communication between member
agencies;
(d) Guidelines for completion of responsibilities by member
agencies;
(e) That upon clear disclosure that the alleged child abuse
occurred in a child care facility as defined in ORS 657A.250,
immediate notification of parents or guardians of children
attending the child care facility is required regarding any abuse
allegation and pending investigation; and
(f) Criteria and procedures to be followed when removal of the
child is necessary for the child's safety.
(3) Each team member and the personnel conducting child abuse
investigations and interviews of child abuse victims shall be
trained in risk assessment, dynamics of child abuse, child sexual
abuse and rape of children and legally sound and age appropriate
interview and investigatory techniques { + , including procedures
related to evidence gathering and maintaining a chain of
custody + }.
(4) All investigations of child abuse and interviews of child
abuse victims shall be carried out by appropriate personnel using
the protocols and procedures called for in this section. If
trained personnel are not available in a timely fashion and, in
the judgment of a law enforcement officer or child protective
services worker, there is reasonable cause to believe a delay in
investigation or interview of the child abuse victim could place
the child in jeopardy of physical harm, the investigation may
proceed without full participation of all personnel. This
authority applies only for as long as reasonable danger to the
child exists. A law enforcement officer or child protective
services worker shall make a reasonable effort to find and
provide a trained investigator or interviewer.
(5) To ensure the protection and safe placement of a child, the
Department of Human Services may request that team members obtain
criminal history information on any person who is part of the
household where the department may place or has placed a child
who is in the department's custody. All information obtained by
the team members and the department in the exercise of their
duties is confidential and may be disclosed only when necessary
to ensure the safe placement of a child.
(6) Each team shall classify, assess and review cases under
investigation.
(7)(a) Each team shall develop and implement procedures for
evaluating and reporting compliance of member agencies with the
protocols and procedures required under this section. Each team
shall submit to the administrator of the Child Abuse
Multidisciplinary Intervention Program copies of the protocols
and procedures required under this section and the results of the
evaluation as requested.
(b) The administrator may:
(A) Consider the evaluation results when making eligibility
determinations under ORS 418.746 (3);
(B) If requested by the Advisory Council on Child Abuse
Assessment, ask a team to revise the protocols and procedures
being used by the team based on the evaluation results; or
(C) Ask a team to evaluate the team's compliance with the
protocols and procedures in a particular case.
(c) The information and records compiled under this subsection
are exempt from ORS 192.410 to 192.505.
(8) Each team shall develop policies that provide for an
independent review of investigation procedures of sensitive cases
after completion of court actions on particular cases. The
policies shall include independent citizen input. Parents of
child abuse victims shall be notified of the review procedure.
{ + (9) Each team shall identify at least one physician in
the county with specialized training in child abuse issues that
includes the identification of injuries cause by child abuse. + }
SECTION 3. { + As used in sections 3 to 6 of this 2007 Act '
child protective services worker' includes a Department of Human
Services child protective service worker, a member of a county
multidisciplinary child abuse team and a law enforcement officer
as that term is defined in ORS 163.730. + }
SECTION 4. { + If a child protective services worker has a
reasonable uncertainty about whether a child's physical injuries
are the product of abuse, the child protective services worker
shall ensure that the child is examined by the physician
described in ORS 418.747, or the physician's designee, within 48
hours of observing the injuries. + }
SECTION 5. { + A child protective services worker who has a
reasonable uncertainty about whether a child's physical injuries
are the product of abuse shall:
(1) Take digital photographs of the physical injury;
(2) Develop the photographs within 24 hours; and
(3) As soon as possible, provide developed copies of the
photographs to the physician described in ORS 418.747 and the
county multidisciplinary child abuse team. + }
SECTION 6. { + (1) If a child protective services worker has a
reasonable uncertainty about whether a child's physical injuries
are the product of abuse, the child protective services worker
shall:
(a) If the child is less than nine years of age, or the child
is nine years of age or older and has a physical or mental
disability, provide child protective services, as described in
ORS 409.185, until:
(A) The physician described in ORS 418.747 definitively rules
out child abuse; or
(B) The child is free from physical injury for a period of six
consecutive months.
(b) If the child is less than five years of age, within 14 days
refer the child to an evaluation for early intervention services
or early childhood special education, as those terms are defined
in ORS 343.035. If a child described in paragraph (a) of this
subsection is already receiving those services or education or is
enrolled in the Head Start program, a person involved in the
delivery of those services or education shall be invited to
participate in the county multidisciplinary child abuse team
review of the child's case and shall be provided with paid time
to do so.
(2) If a child protective services worker suspects that a
child's injuries are self-inflicted, the Department of Human
Services shall provide support services and resources to the
parents of the child as long as is necessary. The services and
resources described in this subsection shall be provided
regardless of whether there is an ongoing abuse
investigation. + }
SECTION 7. ORS 418.785 is amended to read:
418.785. (1) Each county multidisciplinary child abuse team
shall establish a child fatality review team to conduct child
fatality reviews. The purpose of the review process is to help
prevent severe and fatal child abuse and neglect by:
(a) Identifying local and state issues related to preventable
child fatalities; and
(b) Promoting implementation of recommendations at the county
level.
(2) In establishing the review process and carrying out
reviews, the child fatality review team shall be assisted by the
{ + district attorney, the + } county medical examiner or
{ + the + } county health officer as well as other professionals
who are specially trained in areas relevant to the purpose of the
team.
(3) The categories of fatalities reviewed by the child fatality
review team include:
(a) Child fatalities in which child abuse or neglect may have
occurred at any time prior to death or may have been a factor in
the fatality;
(b) Any category established by the county multidisciplinary
child abuse team;
(c) All child fatalities where the child is less than 18 years
of age and there is an autopsy performed by the medical examiner;
and
(d) Any specific cases recommended for local review by the
statewide interdisciplinary team established under ORS 418.748.
(4) A child fatality review team shall develop a written
protocol for review of child fatalities. The protocol shall be
designed to facilitate communication and the exchange of
information between persons who perform autopsies and those
professionals and agencies concerned with the prevention,
investigation and treatment of child abuse and neglect.
(5) Within the guidelines, and in a format, established by the
statewide interdisciplinary team established under ORS 418.748,
the child fatality review team shall provide the statewide
interdisciplinary team with information regarding the categories
of child fatalities described under subsection (3) of this
section.
{ + (6) Upon the conclusion of a criminal case involving the
fatality of a child, the district attorney, in conjunction with
the child fatality review team, may submit a letter to the
Governor and the Director of Human Services outlining
recommendations for systemic improvements. + }
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